Appellate Division of the Supreme Court of the State of New York July 21, 2011 (People v. Shaver)

McCarthy, J.

The victim was sleeping on a couch in her family’s home when she awoke to find a man partially on top of her, touching her breast and attempting to put his hand down her pants. She tried to push the man off her and yelled at him to stop. The intruder fled the home, but the victim saw his clothing through a window as he ran away.